Legal Question in Real Estate Law in Florida

I paid my two months rent on 5/15/2015 as it was another option aside from having a guarantor cosign for my lease. I have a voicemail from the manager confirming that he received my deposit and that my last two months are paid. Fast-forward to this week, I assumed that the money I prepaid for these two months would be taken out. When I looked at my account I saw a negative balance and grew concern. I contacted the leasing office and they advised me that because I resigned my lease they are no longer going to acknowledge my $1868 two month deposit for 2016, and now honor it for 2017. They are now telling me that I have to pay rent for the months that I have already paid for. It also shows my deposit on the payment ledger online. Nowhere in the lease does it state that this is what will occur, there are no emails, nor are there any other forms of documentation to prove it. I have both a voicemail as well as written proof that the money would be locked in for this year. I am just wondering what I could do about this situation. Thank you!


Asked on 6/05/16, 5:05 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Sounds like the new lease was considered an extension of the old lease with the last two months rent rolling over. Your written leases would control. Sounds like you need to cover the two more months paid now.

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Answered on 6/06/16, 6:00 am


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